HomeMy WebLinkAboutAgenda Packets - 2004/03/22CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
Monday, March 22, 2004
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give
your full name and address for the minutes. Also, please limit your comments to
three minutes.
6. SPECIAL ORDER OF BUSINESS
A. Resolution 6218, Commitment to Resolving Human Rights and Terrorism Issues in the
Community.
7. JUST AND CORRECT CLAIMS
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 6201 Approving the Plans and Specifications, Authorizing to Advertise for bids,
Setting a Bid Date, Approving and Authorizing the Execution of a Joint Powers Agreement
with the City of Spring Lake Park, Authorizing the Acquisition of Easements (if necessary)
for the 2003 Street Improvement Project
C. Set a Public Hearing for 7:05 pm, Monday, April 12, 2004, for a PUD Amendment
Request to add Religious Institution as a Permitted Use on the “Building N” Parcel
D. Resolution 6208 Authorizing Staff to Submit a Grant Application to Ramsey County for
CDBG Funding on the Moundsview Manufactured Home Park Second Access Project
E. Resolution 6210 Purchasing a Bobcat Skidsteer for the Golf Course.
F. Resolution 6211 Agreement for Professional Services with PGA Professional Jim Manthis
G. Resolution 6212 Authorizing the Preparation of a Feasibility Report and Consultant
Selection for the Silver Lake Road Sidewalk Project
H. Resolution 6213 Approving the Contract Award for the 2004 Tree Removal Program
I. Resolution 6214 Approval for Police Department to Hire Replacement PSO
J. Resolution 6209 Approval for a Sprayer for the Golf Course
K. Set a Public Hearing for 7:10, Monday, April 12, 2004, to Consider an Ordinance
Approving a Transfer of Properties from the City of Mounds View to the Mounds View
Economic Development Authority.
9. COUNCIL BUSINESS
A. Second Reading and Adoption of Ordinance 731, an Ordinance Adopting the
International Property Maintenance Code and Establishing a New Registration Fee
Structure (Roll Call Vote)
B. Resolution 6215 Approving Transfers Between Funds for the Year 2003.
City Council Meeting
Monday, March 22, 2004
Page 2
C. Resolution 6216 Approving Inter-fund Loans for the Year 2003 and Setting an
Interest Rate on Inter-fund Loans for the Year 2004.
D. Resolution 6179 Approving a Minor Subdivision for Duane Waldoch, 2935 County
Road 10, Planning Case MI03-005
E. Resolution 6206 Approving a step increases for Officer Kasey Keckeisen, Officer
Kirk Leitch, Officer Darrell Meyer (longevity step increase from 3% to 5%), and
Desaree Crane.
F. Consideration of Charter Commission Recommendation to Amend Section 4.02
Filing for Office
G. Consideration of Request from Innovative Images Marketing & Management LLC for
a Settlement Conference
H. Resolution 6207 Approving the appointment of Timothy Wolf and Keith Demarest to
the positions of Police Officer
I. First Reading and Introduction of Ordinance 732, an Ordinance Authorizing the
Transfer of Real Property from the City of Mounds View to the Mounds View
Economic Development Authority
J. Resolution No. 6217 Adopting a Policy for Unclaimed and Surplus Property
K. Community Survey
10. APPROVAL OF MINUTES
A. March 8, 2004 City Council Minutes
11 REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Draft of Documents from Leadership Retreat
2. Review Future Meeting Schedule
3. Review LMCIT Response
C. Reports of City Attorney
12. Next Council Work Session: Monday, April 5, 2004
Next Council Meeting: Monday, March 29, 2004 (Special)
Item No: 06A
Meeting Date: March 22, 2004
Type of Business: Special Order of Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Item Title/Subject: Approval of Resolution 6218, City of Mounds View
Commitment to Resolving Human Rights and Terrorism
Issues in the Community
Background:
A joint meeting was held by Mounds View area communities in response to incidences
occurring at Mounds View and Irondale High Schools dealing with threats of terrorism and
racism.
Mounds View area communities are responding by passing Resolutions of support to the
Mounds View School District for their commitment for taking swift and sustain action in
response to these threats.
Recommendation:
To Approve Resolution 6218 as presented.
Respectfully Submitted,
Kurt Ulrich, City Administrator
RESOLUTION NO. 6218
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
City of Mounds View Resolution of Commitment to Resolving Human Rights and
Terrorism Issues in the Community
WHEREAS, the City of Mounds View has a shared interest with the Mounds
View School District and the cities of Arden Hills, New Brighton, North Oaks, Roseville,
Shoreview, and Vadnais Heights, in human rights challenges within our communities,
including threats of terrorism and racism; and
WHEREAS, the recent bomb threats and racial incidents in the Mounds View
School District illustrate the challenges facing us; and
WHEREAS, the City of Mounds View commend the Mounds View School District
for taking swift and sustained action in response to these acts of terrorism and racism;
and
WHEREAS, the City of Mounds View, Arden Hills, New Brighton, North Oaks,
Roseville, Shoreview, Vadnais Heights, and Mounds View School District must continue
to unite and jointly speak out against such acts of terrorism and racism.
NOW, THEREFORE, BE IT RESOLVED, that the City of Mounds View is
committed to individual, joint, constructive, and peaceful responses to these acts of
terrorism and racism in our communities;
NOW, THEREFORE, BE IT FURTHER RESOLVED that there are no easy
formulas to eliminate both terrorism or racism, the City will continue to work together
with the surrounding communities, and with appropriate law enforcement agencies to
protect the well-being of every person subject to such threats; and
We hereby commit ourselves and our honor to the effort to eliminate terrorism
and racism and to protect the freedom and safety of each person at the Mounds View
Schools and in our communities.
Dated this 22nd day of March, 2004.
___________________________________
Jerry Linke, Mayor
ATTEST:
___________________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 08A
Meeting Date: March 22, 2004
Type of Business: CA
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Administrative Assistant
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Please consider the following contractor licenses for approval. All contractor licenses will
expire on December 31, 2004. All applicants have submitted appropriate fees and proof
of insurance. Those companies that are “new” include applicants that have never been
licensed with the City or they may have been licensed with the City in the past, but were
not licensed in 2003. Those companies renewing their license were licensed, at a
minimum, in the year 2003. The type of license they are applying for follows the
company name.
Aero Mobile Home Service – HVAC - New
B & B Sheet Metal & Roofing – General (Commercial) - Renewal
FaciliTech – General (Commercial) - New
Lakes Air Heating & Cooling – HVAC – Renewal
Staff Recommendation: Approve license applications as requested.
Respectfully submitted
Barbara Benesch
Item No: 8C
Meeting Date: March 22, 2004
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kristin Prososki, Planning Associate
Item Title/Subject: Summary of PUD Amendment Request to Add
Religious Institution as a Permitted Use on the
“Building N” Parcel at 5145 Program Avenue
Summary:
Tonight the Council is asked to set a public hearing on April 12, 2004 to hear a request for
a Planned Unit Development (PUD) amendment. Bethlehem Baptist Church is requesting
an amendment to the “Building N” PUD to add religious institution as a permitted use.
Bethlehem Baptist Church (BBC) has a signed purchase agreement with Michael
Investments, the current owner of “Building N”. The site contains 6.89 acres and the
existing building is 69,167 square feet. The building has been partially vacant since it
was constructed five years ago. Although a formal PUD Agreement does not exist, Staff
reports and other records indicate that the PUD was to be used as office/flex, with
possible uses being office, laboratory, production, high tech assembly or storage uses.
“Building N” is located within Tax Increment Financing (TIF) District #1. Financial issues
regarding the potential for a non-profit to locate in a TIF district will be addressed at the
March 22 and April 12, 2004 Economic Development Authority meeting.
This item was brought before the Planning Commission at the March 3 and 17, 2004
meeting. Based on a land use perspective, the Planning Commission is recommending
approval of the PUD amendment request.
Respectfully submitted,
Kristin Prososki
Planning Associate
Item No. 8G
Meeting Date: March 22, 2004
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City Administrator Review _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Resolution No. 6212 Authorizing the Preparation of a
Preliminary Feasibility Report and Consultant
Selection for the Silver Lake Road Sidewalk Project
Background:
The City’s Pathway Plan was discussed at the February 3, 2003 City Council
Work Session. In addition to the pathway along County Road H from Edgewood
Drive to the west City limits, the City Council identified four pathway segments
they would consider to be a priority. These were:
• Along the north side of County Road H2 - from County Road 10 to
Program Avenue.
• Along the east side of Edgewood Drive - from County Road H2 to
Edgewood Middle School.
• Along the north side of County Road 10 - adjacent to the wetland area
located just southeast of Walgreen’s store.
• Along the south side of County Road 10 – from Woodale Drive to the
south, connecting into the existing trail.
The two segments along County Road 10 were completed in the fall of 2003 as a
change order to the County Road H2 Project.
On January 5, 2004, Staff discussed the first two segments with the City Council.
Staff had investigated both sites. The Edgewood Drive Street segment consisted
of a right-of-way width of sixty feet (60’) with Edgewood Drive being forty-six feet
(46’) wide measured from back-of-curb to back-of-curb. This left only seven feet
(7’) of boulevard on each side. Given these conditions, along with the current
obstructions, Staff and the City Council concluded that installing a sidewalk and
allowing for adequate snow storage would be extremely problematic for both the
City and the adjacent residents without acquisition of additional right-of-way or
easements. For these reasons City Council directed the exclusion of Edgewood
Drive sidewalk from consideration.
In lieu of constructing this pathway segment on Edgewood Drive, Staff presented
the option of pursuing the construction of a pathway along Silver Lake Road from
County Road H to County Road 10. The County has scheduled a mill and overlay
for this segment of Silver Lake Road in 2004. Although the County project will not
involve or disturb the boulevard areas, it still would be advantageous to
coordinate a new sidewalk/pathway with the repaving of the street.
On January 5, 2004 City Council concurred and gave direction to Staff to include
the Silver Lake Road Sidewalk segment in a 2004 construction project.
Discussion:
Preliminary Report - The first step in a public improvement process is the
preparation of a preliminary engineering report. It is recommended that the
preliminary report be ordered at this time to determine the need and feasibility,
both physical and economic, of providing the necessary public improvements.
Consultant Selection – There are several engineering consultants within the
City’s “consultant pool” from whom services could be obtained. Staff
recommends that the Council retain the services of the engineering firm of
Bonestroo, Rosene, Anderlik, and Associates (BRAA) to assist in the preparation
of the preliminary engineering report and other aspects of this project, as directed
by City Council.
Recommendation:
It is recommended the City Council adopt a resolution authorizing the preparation
of a preliminary feasibility report and the selection of a consultant for Silver Lake
Road Sidewalk Project.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 6212
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING THE PREPARATION OF A PRELIMINARY FEASIBILITY
REPORT AND CONSULTANT SELECTION FOR THE SILVER LAKE ROAD
SIDEWALK PROJECT
WHEREAS, on January 5, 2004 City Council gave direction to Staff
to include the Silver Lake Road Sidewalk segment in a 2004 construction project.
WHEREAS, the first step in a public improvement process is the
preparation of a preliminary engineering report; and
WHEREAS, there are several engineering consultants within the
City’s “consultant pool” from whom services could be obtained; and
WHEREAS, Staff recommends that the Council retain the services
the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) to
assist in the preparation of the preliminary engineering report and other aspects
of this project, as directed by City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mounds View, Ramsey County, Minnesota as follows:
1. It is hereby authorized that the preliminary report for the Silver Lake
Road Sidewalk Project be prepared. Said preliminary report shall
include an analysis as to whether the proposed improvements are
necessary, cost effective, and feasible.
2. The services of the engineering firm of Bonestroo, Rosene,
Anderlik, and Associates (BRAA) shall be retained to assist in the
preparation of the preliminary engineering report and other aspects
of this project, as directed by City Council.
Adopted this 22nd day of March 2004.
______________________________
Jerry Linke, Mayor
(ATTEST) ______________________________
Kurt Ulrich
City Administrator
(SEAL)
Item No. 8H
Meeting Date: March 22, 2004
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City Administrator Review _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Resolution No. 6213 Approving the Contract
Award for the 2004 Tree Removal Program
Background:
Annually, bids are received for tree removal, as needed, throughout the City. This
is done as part of the Joint Powers Agreement the City of Mounds View has with
the City of New Brighton.
Discussion:
On March 5, 2004 bids were received for the 2004 season. The bidding process
is set up to differentiate between two operational scenarios: one whereby vehicle
and equipment access is available to the site where the trees to be removed are
located, the other for cases where access with vehicles is not possible.
A total of two bids were received. A summary of the quotes follows:
Company Bid (with access) Bid (without access)
Miller Tree Service $18.00 / diameter inch $16.00 / diameter inch
All Tree Service $15.00 / diameter inch $30.00 / diameter inch
The low bidder for trees with access was All Tree Service with a bid of $15.00 /
diameter inch. The low bidder for trees without access was Miller Tree Service
with a bid of $16.00 / diameter inch. Miller Tree Service has successfully
completed contracts for Mounds View in the past and possesses the required
equipment and personnel to do the work. All Tree Service, while smaller, has
been acquiring better equipment of late and should be able to complete the
required removals of the easier boulevard and front yard trees. Both firms will be
monitored closely for deadline and technical tree removal requirements as stated
in the contract and agreement papers.
Precision Tree Service was the low bidder for sites with access in 2003 with a bid
of $11.00 / diameter inch. Miller Tree Service was the low bidder for sites without
access in 2003 with a bid of $15.68 / diameter inch. Precision Tree Service did
not submit a bid this year.
The total amount of tree removal work contracted annually by the City of Mounds
View is typically in the range of $11,000 to $16,000. The 2004 budget has
$16,480 allocated for tree removal (account 100-4380-3520).
Recommendation:
Staff recommends that the City Council approve an annual contract to expire
December 31, 2004, with All Tree Service in the amount of $15.00/diameter inch
for trees with vehicle access.
Staff also recommends that the City Council approve an annual contract to expire
December 31, 2004, with Miller Tree Service in the amount of $16.00/diameter
inch for trees without vehicle access.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO.6213
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE CONTRACT AWARD FOR THE 2004 TREE REMOVAL
PROGRAM
WHEREAS, annually bids are received to perform tree removal as needed
throughout the City; and
WHEREAS, this service was budgeted for in 2004; and
WHEREAS, a total of two bids were received, bidding on two categories:
with vehicle access and without vehicle access; and
WHEREAS, the low bidder was All Tree Service in the amount of
$15.00/diameter inch for trees with vehicle access; and
WHEREAS, the low bidder was Miller Tree Service in the amount of
$16.00/diameter inch for trees without vehicle access.
NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council
does hereby approve an annual contract to expire December 31, 2004, with All
Tree Service in the amount of $15.00/diameter inch for trees with vehicle access.
NOW, THEREFORE BE IT FURTHER RESOLVED, THAT the Mounds View
City Council does hereby approve an annual contract to expire December 31,
2004, with Miller Tree Service in the amount of $16.00/diameter inch for trees
without vehicle access.
Adopted this 22nd day of March 2004.
(ATTEST) ____________________________________
Jerry Linke, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
Item No. 8I
Meeting Date: March 22, 2004
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
Administrator Review: _____ City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mike Sommer, Police Chief
Item Title/Subject: Approval to Hire a New PSO to Replace the Outgoing PSO
Background: The existing PSO has given notice of intent to resign from the position effective
March 26, 2004. When this position was initially advertised, six applications were received and
our current PSO was subsequently hired. At the time of hiring an eligibility list was established
as per the Mounds View Police Civil Service rules. The eligibility list, which remains valid for up
to two years, can be used to determine whether any of the candidates from the initial
evaluation and interviews are still available for the position.
Discussion: To save time and money in filling the PSO position, the Mounds View Police
Department is seeking authorization to initiate a hiring process, via the Police Civil Service
Commission, to fill the soon to be vacant PSO position using the existing eligibility list. If no
suitable and or available candidates are identified from the current eligibility list, the hiring
process for the PSO position would then be redone. Once completed, a list of three finalists
will be presented to the City Council for appointment of one individual to the PSO position. The
appointment would be made under the same terms and conditions that the current PSO was
hired. Those terms being a maximum of 39 hours worked per pay period, and starting salary
beginning at Step 1 for this position, as provided for in the AFSCME Labor Contract.
Recommendation: Staff recommends authorization to initiate the required process to fill the
soon to be vacant PSO position as described above.
Respectfully Submitted,
Michael Sommer, Police Chief
RESOLUTION NO. 6214
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE HIRING OF A PSO FOR THE POLICE DEPARMENT TO
REPLACE OUTGOING PSO
WHEREAS, the current PSO for the Police Department has submitted notice of
resignation effective March 26th, 2004; and
WHEREAS, the current PSO is authorized to work no more than 39 hours per pay
period; and
WHEREAS, the eligibility list which was established according to Civil Service rules
when the current PSO was hired is still valid; and
WHEREAS, the Police Department is seeking authorization to activate the eligibility list
for the purpose of determining whether three qualified finalists are still available for hire; and
WHEREAS, if unsuccessful in identifying three finalists from the current eligibility list,
the hiring process will be redone. Once completed, the Police Civil Service Commission will
submit a list of three finalists to the City Council for appointment of one candidate to the
position; and
WHEREAS, the selected candidate will be offered a position starting at Step 1 for that
position as provided for in the AFSCME Labor Contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota that the Police Civil Service Commission and the Police
Department are authorized to take the necessary steps to fill the soon to be vacant PSO
position, according to the conditions and provisions listed above.
Adopted this 22nd day of March 2004.
____________________________________
Jerry Linke, Mayor
ATTEST: ____________________________________
Kurt Ulrich, City Administrator
(seal)
Item No. 9B
Meeting Date: March 22, 2004
Type of Business: Council Business
Administrator Review: _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Resolution 6215 Approving Transfers Between Funds
for the Year 2003
The attached resolution approves transfers between funds for the year 2003. Many of
the transfers are in the amount originally approved in the 2003 budget. In several
cases, operating results during 2003 dictate that a different amount be transferred.
The General Fund operations from 2002 produced a surplus of $1,047,972 that was
held in the General Fund in anticipation of budget cuts from the State of Minnesota.
This resulted in a fund balance that exceeds the high end of the range recommended by
the Office of the State Auditor. That range is 30% to 50% of the next year’s budgeted
expenditures.
In order to avoid prolonged criticism from the Auditor, I am recommending a series of
steps to reduce the balance in the General Fund. First of these is to cancel all budgeted
2003 transfers from other funds into the General Fund. This will help the other funds
that also have budgetary stresses of their own.
The second step is to make several transfers from the General Fund to other funds as
of December 31, 2003. These are designed to correct deficiencies in other funds or to
make resources available where they will most benefit the City.
Community Center operations suffered during 2003 due to the cost of changing banquet
center managers and the cost of damage from the lighting strike in June. Insurance
may cover most of the damage, but that hasn’t been settled yet.
The Community Center should also be building a reserve to pay for future, major repairs
such as replacing a roof, furnace, parking lot, or other significant building structures.
The YMCA contract calls for this reserve to be built at the rate of $20,000 per year. An
extra $100,000 is included the 2003 transfer to make up for the years 1999 through
2003.
We recently completed the first ever analysis of the Vehicle and Equipment
Replacement Fund. It was not surprising that the funding was deficient since it wasn’t
know in the past what level of transfers should be made to the fund. It is proposed to
transfer $260,000 in addition to the budgeted $75,000 to meet this need.
Two transfers from the General Fund to the Special Projects Fund should be made.
The first was approved by the City Council in Resolution 6151, which positioned $43,745
to be available in 2004 for the acquisition of the police records management system.
Second, is a transfer of $800,000 to get the General Fund’s balance down to the level
recommended by the Auditor. This also positions resources where the City Council can
best utilize them in the future on large capital projects.
Transfers from the TIF Districts to the EDA can be forgone in 2003 because large sums
were spent for the Edgewood Regional Pond in 2001, but the grants intended to cover
that spending didn’t come in. The grants were received in 2002, which then covers
other normal EDA spending in 2002 and 2003. No transfer from the TIF Funds to the
EDA Fund is needed in 2003.
The transfer from the TIF District #1 to the Bonds of 2001A is greater than budget
because it is calculated based upon a percentage of taxes collected on the Mermaid
and these were greater than expected.
Respectfully Submitted,
____________________
Charles Hansen
RESOLUTION NO. 6215
CITY OF MOUNDS VIEW
County of Ramsey
State of Minnesota
APPROVING TRANSFERS BETWEEN FUNDS FOR THE YEAR 2003
WHEREAS, the City adopted budgets for various funds for 2003 that included
inter-fund transfers for various purposes; and
WHEREAS, the City Council previously approved Resolution 6151 providing for a
transfer from the General Fund to the Special Projects Fund of $43,745 related to the
acquisition of the Police records management system; and
WHEREAS, for a transfer from the General Fund to the Special Projects Fund of
$800,000 will provide funding for high priority capital projects in the future; and
WHEREAS, the Community Center operated at a loss during 2003 and so needs
a larger transfer than what was originally budgeted; and
WHEREAS, there is a need to build a reserve account within the Community
Center for future major repairs; and
WHEREAS, there is a need to build the reserve account within the Vehicle and
Equipment Fund to the level determined by the fleet analysis; and
WHEREAS, the Sewer Utility Fund didn’t purchase a skid-steer loader as
budgeted and so spent nothing on vehicles; and
WHEREAS, the Economic Development Authority received state grants during
2002 in reimbursement of moneys spent in 2001 on the Edgewood Regional Pond and
so doesn’t need transfers from the Tax Increment Financing Districts in 2003; and
WHEREAS, the T.I.F. District #1 received higher tax payments than anticipated
and is obligated to transfer them to the Bonds of 2001A debt service fund.
Resolution 6215
Page 2
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View that the following transfers for the calendar year 2003 are hereby approved in the
amounts listed in the Actual column:
Budgeted Actual
From T o Amount Amount
Water Fund General Fund $ 48,850 -0-
Sewer Fund General Fund 38,690 -0-
Vehicle & Equip General Fund 345,000 -0-
Special Projects General Fund 90,000 -0-
Golf Course General Fund 15,000 -0-
General Fund Community Center 100,000 300,000
General Fund Vehicle & Equipment 75,000 335,000
General Fund Special Projects -0- 843,745
Water Fund Vehicle & Equipment 30,000 30,000
Sewer Fund Vehicle & Equipment 30,000 30,000
T.I.F. Dist. #1 Economic Dev. Auth. 231,443 -0-
T.I.F. Dist. #3 Economic Dev. Auth. 231,443 -0-
T.I.F. Dist. #1 T.I.F. Bonds 01A 73,250 96,723
T.I.F. Dist. #1 T.I.F. Bonds 96B 109,118 109,118
T.I.F. Dist. #2 T.I.F. Bonds 96A 181,496 181,496
T.I.F. Dist. #3 T.I.F. Bonds 96A 218,274 218,274
Passed and adopted this 22nd day of March, 2004.
ATTEST:
_____________________________
Jerry Linke, Mayor
(SEAL)
_____________________________
Kurt Ulrich, City Administrator
Item No. 9C
Meeting Date: March 22, 2004
Type of Business: Council Business
Administrator Review: ______ City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Resolution 6216 Authorizing Inter-fund Loans for the
Year 2003 and Setting an Interest Rate on Inter-fund
Loans for the Year 2004
Resolution 5968 approved loans between funds as of December 31, 2002 and set the
interest rate on all loans at 4.0% for the year 2003. Balances as of December 31, 2002
were as follows:
Fund Extending Loan Fund Receiving Loan Loan Amount
Community Fund TIF District #1 $1,818,910
Special Projects Fund Recycling Fund 2,686
Special Projects Fund Municipal State Aid Fund 100,821
Special Projects Fund Golf Course Fund 461,058
Vehicle & Equipment Fund Golf Course Fund 306,828
Water Fund Golf Course Fund 250,000
TOTAL: $2,940,303
I am proposing to change the organization of inter-fund loans as of December 31, 2003.
This will to return money to the Water Fund and the Vehicle Fund to meet the intended
purposes of those funds. It will also reduce loans from the Special Projects Fund so
that more money will be available for capital projects that are dependant on that fund.
The Community Fund will become the source of loans to the Golf Course in place of the
Special Projects Fund. The Community Fund is experiencing the rapid repayment of
the loan it has extended to TIF District #1.
Fund Extending Loan Fund Receiving Loan Loan Amount
Community Fund TIF District #1 $815,951
Community Fund Golf Course Fund 1,330,808
Special Projects Fund Recycling Fund 398
Special Projects Fund Municipal State Aid Fund 115,260
TOTAL: $2,262,417
The attached resolution authorizes the continuation through 2004 of inter-fund loans
existing on December 31, 2003. Loan balances are adjusted as of December 31, 2003
to reflect 2003 operations.
The MSA Construction Fund has suffered from a failure by the City’s engineer, S.E.H.,
to get timely or complete reimbursements of MSA money from the State of Minnesota.
This is of great concern to me because the City has lost thousands, if not tens of
thousands of dollars of interest earnings on money left at the State. There is also a risk
that the State may decide to unallot MSA money and the City might never get
reimbursed for some costs.
TIF District #1 was able to repay a large part of its loan from the Community Fund
during 2003 due to reduced debt service payments following the final payment on the
TIF bonds of 1994.
The loan to the Recycling Fund continued in 2003 because there again was a delay in
getting the recycling grant from Ramsey County, although the amount decreased.
The loan to the Golf Course Fund needs to increase by $312,922 in order to maintain
the $309,000 cash reserves required by the bond covenants.
It also authorizes new inter-fund loans as needed from the Community Fund to the TIF
Districts up to the cash balance of $362,483 in the Community Fund. This meets a
requirement in state law that inter-fund loans to TIF Districts be approved in advance by
the City Council.
TIF District #1 should have an operating surplus in 2004 and pay back most, or all, of its
loan. TIF District #2 should have a surplus and TIF District #3 should about break even.
However, it is possible that new projects or unforeseen evens could cause any of the
TIF Districts to need to initiate loans.
The resolution also sets an interest rate of 3.0% on all inter-fund loans for the year
2004. This is a reduction from the 4.0% rate in 2003 and is more in line with interest
rates available in the market this year.
Respectfully Submitted,
Charles Hansen
RESOLUTION NO. 6216
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ATHORIZING INTERFUND LOANS FOR THE YEAR 2003
AND SETTING AN INTEREST RATE ON INTER-FUND LOANS FOR THE YEAR 2004
WHEREAS, various inter-fund loans existed on December 31, 2002; and
WHEREAS, operations during 2003 required adjustments to the balances of
existing loans and the creation of some new loans; and
WHEREAS, there might be operating deficits in some TIF Funds during the year
2004 that will require additional inter-fund loans from the Community Fund.
NOW, THEREFORE BE IT RESOLVED, THAT the following inter-fund loans are
authorized as of December 31, 2003 and that they be authorized to continue through
2004:
Fund Extending Loan Fund Receiving Loan Loan Amount
Community Fund TIF District #1 $815,951
Community Fund Golf Course Fund 1,330,808
Special Projects Fund Recycling Fund 398
Special Projects Fund MSA Construction Fund 115,260
BE IT FURTHER RESOLVED THAT additional loans of up to $362,483 may be
made from the Community Fund to any of the TIF District Funds, as needed, to cover
operating deficits during the year 2004.
BE IT FURTHER RESOLVED THAT all inter-fund loans shall pay interest at a
rate of 3.0% during the year 2004.
Adopted this 22nd day of March 2004.
ATTEST:
________________________________
Jerry Linke, Mayor
(SEAL)
________________________________
Kurt Ulrich, City Administrator
Item No: 9D
Meeting Date: March 22, 2004
Type of Business: Council Business
Administrator Review : ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Community Development Director
Item Title/Subject: Consideration of a Minor Subdivision of 2935 County
Highway 10; Planning Case MI03-005
Introduction:
Duane Waldoch has applied for a minor subdivision of his property located at 2935 County
Highway 10. (A minor subdivision is a division of land less than two acres in area in which only
one additional lot is created.) The subdivided parcel would be joined with a sliver of land on
Sherwood Place (Outlot A) to form a new lot fronting Sherwood Place.
The lot fronting County Highway 10 is zoned R-3, medium density residential; while the
Sherwood Estates Outlot is zoned R-1, single family residential. The applicant has been
informed that the new lot fronting Sherwood place could only be developed as single family
residential to be consistent with the Comprehensive Plan future land use map.
Discussion:
The Waldoch property is presently 47,470 square feet, or, a little more than an acre. The
proposed subdivision would split off the north 106.5 feet of the lot fronting County Highway 10
which would be merged with Outlot A to create a new, 12,690 square foot lot fronting Sherwood
Place. The applicant has submitted a Certificate of Survey for the proposed subdivision which
identifies the lot to be created as Parcel A and the remainder lot as Parcel B.
Zoning Requirements.
The minimum lot size for an interior lot (a lot which is not on a corner) is 11,000 square feet.
The proposed new lot would exceed that minimum by 1,690 square feet. The remaining lot
would also exceed the minimum requirements. At 102.92 feet in width, the proposed (and
remaining) lot would satisfy the City’s minimum lot width requirement of 75 feet. The parcel to
be created (Parcel A) would initially have a split zoning designation of R-3 / R-1 with the R-1
designation prevailing. The City, at some point in the future, will process a rezoning action on
the lot to eliminate the R-3 designation. As a condition of the subdivision approval, the
applicant shall consent to this future rezoning of Parcel A.
Park Dedication Requirements.
Every subdivision of land is subject to park dedication requirements. Because the subdivision
is greater than one acre in area, the fee is 10% of the land’s market value, less the value of the
land of the remainder parcel. According to the Ramsey County Assessors Office, the land has
a “per square foot” value of $1.21, thus Parcel A’s value would be $15,355 and the applicable
dedication fee would be $1,536.
Waldoch Subdivision
March 22, 2004
Page 2
Easements.
With every subdivision of land, the City requires that drainage and utility easements be
dedicated around the perimeter of the lot. The certificate of survey provided by the applicants
however does not indicate the presence of existing or proposed easements. The survey will
need to be revised to show ten foot front and rear drainage and utility easements and five foot
drainage and utility easements on the side lot lines for Parcels A and B. In addition, the
following language will need to be added to the certificate of survey:
“The proposed drainage and utility easement areas as shown herein shall be dedicated
to the City of Mounds View by separate documents recorded with Ramsey County.”
Public Notice.
While a public hearing is not required for this request, in January staff hand delivered
informational letters to neighboring property owners as a courtesy, informing them of the
proposed minor subdivision. No resident at that time or since then indicated any objection to
the proposed subdivision.
Assessment Issues.
After the Sherwood Estates subdivision was approved, the street and utility infrastructure were
installed by the developer and paid for by the developer. No assessments were levied against
the new lots. While it is true that Mr. Waldoch did not participate in the original development of
the Sherwood Estates subdivision, there are no outstanding assessments or charges
associated with the outlot for which Mr. Waldoch would be liable. The Outlot was forfeited to
the State by the original owners due to unpaid taxes and Mr. Waldoch was the high bidder at
the resulting auction.
Unclean Title.
Staff has forwarded the Registered Property Abstracts (RPAs) regarding the two lots proposed
for subdivision to the City Attorney for his review. The attorney points out that tax forfeited
properties purchased through the county do not come with clear titles. To address this issue,
the applicant has secured a Quit Claim Deed (QCD) from the previous owners, Citywide
Development. The QCD should adequately address and possible title deficiencies. In addition,
the attorney pointed out that the legal description for the Highway 10 lot is incorrect on
submitted certificate of survey and will need to be corrected.
Planning Commission Action.
The Planning Commission has recommended approval of this proposed subdivision, with
stipulations. Their resolution is attached for the Council’s reference.
Waldoch Subdivision
March 22, 2004
Page 3
Recommendation:
Given that the request satisfies all of the City’s zoning and subdivision requirements, staff and
the Planning Commission recommend approval Resolution 6179, a resolution approving a
minor subdivision of 2935 County Highway 10, with conditions.
_____________________________________
James Ericson
Community Development Director
Attachments:
1. Planning Application
2. Zoning Map
3. Photographic Documentation
4. Survey of Subdivision
5. Resolution 747-04
6. City Attorney Opinion, dated Feb 18, 2004
7. Resolution 6179
Zoning Map
Spring Lake Park
Photographic Documentation
This is a view looking
south at the proposed
lot. There are some
mature trees around
the lot perimeter but the
middle of the lot
appears clear of any
trees and other natural
obstructions.
The chain link fence, if
taller than 4 feet, would
have to be removed.
(No fence in front of a
home shall be taller
than 4 feet.)
This is a view of the
Waldoch property
looking north from
County Highway 10.
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 747-04
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION OF
2935 COUNTY HIGHWAY 10; MOUNDS VIEW PLANNING CASE NO. MI03-005
WHEREAS, Duane Waldoch, property owner and applicant, has requested approval
of a minor subdivision of 2935 County Highway 10 and Sherwood Estates Outlot A, property
zoned R-3, Medium Density Residential and R-1, Single Family Residential, respectively;
and,
Whereas, the two parcels of land, collectively referred to as the “Property”, are
legally-described as follows:
Outlot A, Sherwood Estates
Ramsey County, Minnesota
and
Lot 31, Auditor’s Subdivision No. 89, Except the West 50 Feet thereof
and Except that part lying Southwesterly of a line drawn parallel with and
150 feet Northeasterly from the centerline of Highway 10;
Ramsey County, Minnesota
WHEREAS, the applicant proposes to subdivide the north 106.50 feet from Lot 31 of
Auditor’s Subdivision No. 89 and join it with Outlot A of Sherwood Estates to create a new
buildable lot fronting Sherwood Place; and,
WHEREAS, the applicant has submitted a Certificate of Survey for the proposed minor
subdivision indicating the new lot as Parcel A and the remainder lot as Parcel B; and,
WHEREAS, the Planning Commission has reviewed the applicant’s request for a minor
subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202
of the Municipal Code; and
WHEREAS, the Planning Commission finds that the applicant’s request for a minor
subdivision is in conformance with the Comprehensive Plan; and,
WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to
a $768 park dedication fee which is equivalent to 5% of the new lot’s assessed value; and,
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
recommends approval of the minor subdivision of 2935 County Highway 10 subject to the
following conditions:
Resolution 747-04
Page 2
1. The survey shall be revised as follows:
a. Five and ten foot drainage and utility easements shall be added to both
Parcels A and B.
b. The following language shall be added: “The proposed drainage and utility
easement areas as shown herein shall be dedicated to the City of Mounds
View by a separate document recorded with Ramsey County.”
2. The applicants shall arrange to have a Registered Property Abstract (RPA) drafted
and submitted prior to the approval of the subdivision by the City Council.
3. The applicants shall submit the required $768 park dedication fee prior to the City
approving the deeds for recordation.
BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs
staff to forward this resolution to the City Council prior to approval of the minutes.
Adopted this 7th day of January, 2004.
__________________________________________
Gary Stevenson, Chairperson
ATTEST:
______________________________________
James Ericson
Community Development Director
(SEAL)
Kennedy 470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
&
Graven Scott J. Riggs
(612) 337-9260 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
sriggs@kennedy-graven.com
C H A R T E R E D
MEMORANDUM
DATE: February 18, 2004
TO: Jim Ericson, Community Development Director
FROM: Scott J. Riggs, City Attorney
RE: Review of Titlework for Waldoch Minor Subdivision
Pursuant to your request, our office has reviewed the titlework/evidence that was submitted by the developer for
the above-referenced proposed minor subdivision. It appears that the following three issues are raised by the
minor subdivision:
1. The legal description of Lot 31 as shown on the survey as “existing legal” isn’t as stated in the final
certificate;
2. As to Outlot A, it is a tax-forfeited parcel and Title Standard No. 45 may apply; and
3. Should the legal descriptions be approved by the examiner of titles for Ramsey County?
The responses to the above-referenced issues are as follows:
1. It appears that the legal description on the surveyor’s certificate is incorrect, with respect to the parcel in
Lot 31, Auditor’s Subdivision No. 89. The legal description should match the legal description on the certificate
of title – with no exception for the land in the final certificate. The state of Minnesota did not take the land in fee,
but only took an easement.
2. Outlot A is a tax-forfeited parcel and Title Standard No. 45 applies. It appears from the RPA that title to
Outlot A is still held in the name of Citywide Development, Inc., subject to the interest acquired by the Waldochs
from the state of Minnesota. The Waldochs will not have clear title to Outlot A unless they do a “proceeding
subsequent” to establish the requirements at paragraph b of Title Standard No. 45, or unless they wait until
August 15, 2011, and then get an examiner’s directive from the examiner of titles for Ramsey County for the
issuance of a new certificate of title.
3. It does not appear that anything exists that requires the examiner of titles to approve legal descriptions in
this matter, but it probably is good practice to ask the registrar to pre-approve the legal descriptions as proposed
for the minor subdivision.
Please feel free to contact me with any questions you may have regarding this matter.
SJR:jms
SCOTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriggs@kennedy-graven.com
RESOLUTION NO. 6179
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A MINOR SUBDIVISION OF 2935 COUNTY HIGHWAY 10;
MOUNDS VIEW PLANNING CASE NO. MI03-005
WHEREAS, Duane Waldoch, property owner and applicant, has requested approval
of a minor subdivision of 2935 County Highway 10 and Sherwood Estates Outlot A, property
zoned R-3, Medium Density Residential and R-1, Single Family Residential, respectively;
and,
Whereas, the two parcels of land, collectively referred to as the “Property”, are
legally-described as follows:
Outlot A, Sherwood Estates
Ramsey County, Minnesota
and
Lot 31, Auditor’s Subdivision No. 89, Except the West 50 Feet thereof
and Except that part lying Southwesterly of a line drawn parallel with and
150 feet Northeasterly from the centerline of Highway 10;
Ramsey County, Minnesota
WHEREAS, the applicant proposes to subdivide the north 106.50 feet from Lot 31 of
Auditor’s Subdivision No. 89 and join it with Outlot A of Sherwood Estates to create a new
buildable lot fronting Sherwood Place; and,
WHEREAS, the applicant has submitted a Certificate of Survey for the proposed minor
subdivision indicating the new lot as Parcel A and the remainder lot as Parcel B; and,
WHEREAS, the Planning Commission has reviewed the applicant’s request for a minor
subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202
of the Municipal Code; and
WHEREAS, the Planning Commission finds that the applicant’s request for a minor
subdivision is in conformance with the Comprehensive Plan; and,
WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to
a $1,536 park dedication fee which is equivalent to 10% of the new lot’s assessed value; and,
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves
the minor subdivision of 2935 County Highway 10 subject to the following conditions:
Resolution 6179
Page 2
1. The survey shall be revised as follows:
a. Five and ten foot drainage and utility easements shall be added to both
Parcels A and B.
b. The following language shall be added: “The proposed drainage and utility
easement areas as shown herein shall be dedicated to the City of Mounds
View by a separate document recorded with Ramsey County.”
c. As pointed out by the City Attorney, the legal description for Lot 31 shall be
revised to be consistent with the certificate of title.
2. The applicant shall submit the required $1,536 park dedication fee prior to the City
approving the deeds for recordation.
3. The applicant and owner of Parcel A shall consent to a future rezoning of the lot to
make it consistent with the City’s Comprehensive Plan.
BE IT FURTHER RESOLVED that if all of the conditions of this approval are not
satisfied and deeds recorded within one year’s time, this minor subdivision approval shall
be considered null and void.
Adopted this 22nd day of March, 2004.
__________________________________________
Jerry Linke, Mayor
ATTEST:
______________________________________
Kurt Ulrich, City Clerk/Administrator
(SEAL)
Item No: 9F
Meeting Date: 03/22/04
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Item Title/Subject: Consideration of Charter Commission Recommendation to Amend
Section 4.02 Filing for Office
In a Charter Commission Resolution (No. 2004-01) dated February 12, 2004 (see
attached), the Charter Commission is requesting that the City Council respond within 60
days with recommendations for modifications to any item that the City Council deems not
acceptable as presented.
I have reviewed the state statute referenced in the proposed amendment. One apparent
conflict with the language as written is the reference to paying a filing fee “in an amount set
by Ordinance . . . “ In fact, the section of the Statute referencing fees reads as follows:
Subd. 3. Filing fees. Unless the charter of a city provides the amount of the fee for
filing an application or affidavit of candidacy for city office, the filing fee for a municipal
office is as follows:
(a) In first class cities, $20;
(b) In second and third class cities, $5; and
(c) In fourth class cities and towns, $2.
The City’s charter does not provide the amount the amount of the fee for filing an
application or affidavit of candidacy for city office, nor does the City Code. The City’s
fee schedule, adopted by resolution, establishes a Filing Fee for Public Office at $20.
The Charter Commission’s recommended language, which references State Statute,
appears preferable to the current language. The language “in an amount set by
Ordinance . . . “ should be revised to read “in an amount set by Minnesota Statute . . .
“, or deleted.
Item No:9H
Meeting Date: March 22, 2004
Type of Business:CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Chief of Police, Mike Sommer
Item Title/Subject: Approval to Hire Timothy Wolf, and
Keith Demarest as Police Officers
Date of Report: 3-17-04
Background:
The City Council has approved the hiring of three Police Officers. One of those positions
has been filled, which leaves two openings to be filled. The Police Chief met with the
Police Civil Service Commission concerning the procedures for filling the positions. The
following procedures were followed:
• The position was advertised. 135 applications were received.
• A scored competitive written examination was administered at the community
center. 109 candidates took the written exam. The exam assessed writing skills,
math, grammar, and reading comprehension skills.
• 21 top scoring candidates were selected to advance in the process with oral
interviews with a panel of Mounds View Police Officers (one Investigator, the
School Resource Officer, and the Deputy Chief)
• The interview panel scored the candidate’s responses.
• A resume review of the 21 candidates was conducted and scored.
• A meeting of the Police Civil Service Commission was held on 2-19-04. Based
upon the overall scores of the applicants, the Commission certified the top 10
candidates for the positions. Background investigations have been initiated on the
top five candidates.
Timothy Wolf is currently the #1 candidate on the eligibility register certified by the
commission. The # 2 candidate is Keith Demarest, and the #3 candidate is Matthew
Carlson. The Police Chief has met with Mr. Wolf and recommends he be hired effective
April 12, 2004, to the position at the step one rate of pay as stipulated in the Law
Enforcement Labor Services contract. His hire is contingent upon successful
completion of a psychological evaluation, medical evaluation, background investigation,
and physical agility testing.
If the council approves the hiring of Mr. Wolf, the top three candidates on the eligibility
list will be as follows: #1 Keith Demarest, #2 Matthew Carlson, and #3 Spencer Scofield.
The Police Chief has met with Mr. Demarest and recommends he be hired effective
April 26, 2004, to the position at the step one rate of pay as stipulated in the Law
Enforcement Labor Services contract. His hire is contingent upon successful
completion of a psychological evaluation, medical evaluation, background investigation,
and physical agility testing.
Recommendation:
Staff seeks council approval to proceed with appointing Timothy Wolf, and Keith
Demarest to the Position of Police Officer at the step one rate of pay for the position.
Respectfully submitted,
Mike Sommer
Chief of Police
RESOLUTION NO. 6207
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPOINTING TIMOTHY WOLF AND KEITH DEMAREST TO THE
POSITIONS OF POLICE OFFICER
WHEREAS, the City Council has approved the hiring of two additional Police
Officers, and the Police Civil Service Commission has approved the procedures for
establishing an eligibility register to fill these vacancies, and;
WHEREAS, the approved hiring procedures consist of a competitive written
examination, resume scoring, oral interviews, background investigations, physical
examination, psychological examination, and physical agility testing, and;
WHEREAS, the current Civil Service Commission eligibility list is as follows: #1
Timothy Wolf, #2 Keith Demarest, #3 Matthew Carlson, and #4 Spencer Scofield, and;
WHEREAS, the Chief of Police has met with the #1 candidate, Mr. Wolf, and the
#2 candidate, Mr. Demarest. The Police Chief recommends both Mr. Wolf and Mr.
Demarest be appointed to the position of Police Officer, pending their successful
completion of a psychological evaluation, medical evaluation, background investigation
and physical agility testing, and;
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
does hereby appoint Timothy Wolf (effective 4-12-04), and Keith Demarest (effective 4-
26-04) to the positions of Police Officer at the step one rate of pay as stipulated in the
Law Enforcement Labor Services contract. This appointment shall be contingent on the
candidates successfully completing a psychological evaluation, medical evaluation,
background investigation and physical agility testing.
Adopted this 22nd day of March 2004.
______________________________
Jerry Linke, Mayor
ATTEST:
_______________________________
Kurt Ulrich
City Clerk/Administrator
(SEAL)
Item No: 9I
Meeting Date: March 22, 2004
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jim Ericson, Community Development Director
Item Title/Subject: First Reading and Introduction of Ordinance 732, an
Ordinance Authorizing the Transfer of Land from the
City of Mounds View to the Mounds View Economic
Development Authority
Introduction:
The City is currently working with Pro Craft Homes to create a single-family residential
development on and south of County Road H2 in the southwest corner of the City. The
City owns three lots within the project area and the Mounds View Economic Development
holds title to a fourth parcel. (Pro Craft holds purchase agreements on the remaining lots
with a private landowner.)
Discussion:
The City Attorney is recommending that the city owned & controlled lots come under one
ownership umbrella for ease in subsequent title conveyance to the developer. The
Attorney further recommends the parcels be held by the EDA which would necessitate the
City adopting the attached ordinance to transfer the land consistent with the City Charter
provisions. The attorney has reviewed the attached ordinance and finds it to be in proper
form and consistent with Charter requirements.
Recommendation:
Hold the first reading and introduction of Ordinance 732. The public hearing and second
reading of the ordinance is scheduled for April 12, 2004.
Respectfully submitted,
________________________
Jim Ericson
Community Development Director
763-717-4021
ORDINANCE NO. 732
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AUTHORIZING THE TRANSFER OF REAL PROPERTY FROM
THE CITY OF MOUNDS VIEW TO THE MOUNDS VIEW ECONOMIC
DEVELOPMENT AUTHORITY
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Appendix D of the Mounds View Municipal Code entitled “Special Ordinances” is
hereby amended to include reference to the following Ordinance 732.
Subdivision 1. The City of Mounds View owns three parcels of land on County Road H2
in Ramsey County, Minnesota, the legal descriptions of the property being as follows:
Knollwood Park Lots 34, 36 and the south 500 feet of Lot 35, Ramsey County
Subdivision 2. It is the desire of the City to transfer ownership of the three parcels to the
Mounds View Economic Development Authority to consolidate parcel ownership within one
municipal entity.
Subdivision 3. The City anticipates that the Mounds View EDA will enter into
subsequent Purchase and Redevelopment Agreement with a third party to develop a single
family residential subdivision.
Subdivision 4. The City Council has determined that conveyance of the City property
will further the public interest.
Subdivision 5. As provided by Section 12.05 of the City Charter, the City Council
authorizes conveyance of the above-referenced property to the Mounds View Economic
Development Authority, for one dollar ($1.00) and other good and valuable consideration, the
receipt of which is acknowledged by the City.
Subdivision 6. The City Council authorizes and directs City staff and consultants to take
any and all necessary action to prepare the appropriate documents and/or agreements to facilitate
the directives and intent of the City Council as provided herein.
SECTION 2. This ordinance is effective thirty days after its publication.
Ordinance 732
Page 2
Read by the City Council of the City of Mounds View this 22nd day of March, 2004.
Read and passed by the City Council of the City of Mounds View on this 12th day of
April, 2004.
_______________________________________
Jerry Linke, Mayor
ATTEST
_______________________________________
Kurt Ulrich, City Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________
City Attorney
\\Trout\CommDev\Special Planning Cases\SP-097-01 (Infill Housing Dev)\Ordinance 732 - Transfer of Property to EDA.doc
Item No: 9J
Meeting Date: 3/22/04
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Item Title/Subject: Resolution No. 6217 Adopting a Policy for Unclaimed and Surplus
Property
This item was presented as a draft for Council Comment at the March 8, 2004 City
Council meeting. The purpose of the policy is to establish a procedure for dealing with
unclaimed and surplus property.
Under this resolution the City Clerk/Administrator is responsible for declaring surplus
property. Having staff make this determination may expedite the process, but the Council
may want to have all surplus items so designated by the City Council in order to provide
additional oversight.
The resolution is recommended for adoption as presented.
Respectfully Submitted,
Kurt Ulrich
City Administrator
RESOLUTION NO. 6217
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Resolution No. 6217 Adopting a Policy for Unclaimed and Surplus Property
WHEREAS, the City of Mounds View regularly has the need to dispose of
unclaimed or surplus property, and
WHEREAS, it is the desire and intent of the City to dispose of such property in a
fair and effective fashion, and
WHEREAS, the City wishes to establish a consistent practice by which said
property is either sold, donated, or disposed in such a fashion to optimize value for the
community, and
WHEREAS, an open and visible process of dealing with unclaimed and surplus
property is important to the City.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does
hereby approve effective March 22, 2004, the following policy:
1. Personal property. When personal property has lawfully come into the possession of the
city in the course of its municipal operation, including the seizure or confiscation thereof by
the police or by any other officer or employee of the city, and the property has remained
unclaimed by the owner and has been in the possession of the city continuously for a
period of 60 days, the City Clerk/Administrator may order the property to be disposed of in
the manner provided in this Resolution.
2. Surplus Property. When city equipment, furniture, vehicles, etc. have been replaced or
are no longer in working condition, the City Clerk/Administrator may declare this property to
be surplus.
3. Disposition of Unclaimed or Surplus Property. Unclaimed or surplus property can be
disposed of using the following methods: 1) Public auction, 2) direct sale to the public; 3)
donation to a nonprofit organization or other governmental unit; or 4) in the case of
damaged property or property which has no significant value, the property may be recycled
or disposed of as refuse.
4. Notice of auction or sale. If the property is going to be sold, either by auction or directly,
an advertisement must be placed in the official newspaper of the city. The sale shall be
held not less than six days following the date of the publication of the notice.
5. Content of notice. The notice shall contain: (1) a general description of the items of
property to be sold; (2) the general manner under which the property came into the
possession of the city; (3) whether the property will be auctioned or sold directly; and (4)
the time and place of the auction or sale.
6. Sale. The auction or sale shall be conducted by the City Clerk/Administrator or his or
her designee.
7. Postponement. The auction or sale may be postponed from time to time by
inserting a notice of such postponement as soon as practicable in the newspaper in which
the original notice was published.
8. Certificate of sale. When the sale of the property is made, the City
Clerk/Administrator shall deliver to the purchaser a bill of sale containing a description of
the property sold and the price paid for each item.
9. Proceeds of sale. Proceeds of the sale shall be deposited by the City
Clerk/Administrator in the appropriate fund of the city. Within six months from the date of
the sale the former owner of any item of such property may make application to the city for
payment of the proceeds of the sale and after satisfactory proof of ownership furnished to
the city within six months from the date of sale, the city council shall order the sale price to
be paid to the former owner, after deducting therefrom the actual or reasonable cost and
expenses necessarily expended by the city in the conduct of the sale and the storage and
care of the property.
10. Exceptions. This Resolution also does not apply to any impounded animal or real
property; either land or buildings.
Adopted this 22nd day of March 2004.
________________________________
Jerry Linke, Mayor
ATTEST:
_________________________________
Kurt Ulrich, City Administrator
(SEAL)
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
March 8, 2004 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 16
17
4. APPROVAL OF AGENDA 18
19
A. Monday, March 8, 2004 City Council Agenda. 20
21
MOTION/SECOND: Marty/Gunn. To Approve the Monday, March 8, 2004 Agenda as 22
Amended. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
5. PUBLIC INPUT 27
28
Bob Edmond of 7835 Groveland Road asked Council what happened to Liberty Check Printers. 29
30
Mayor Linke indicated they built a building down in Blaine and consolidated all of their facilities 31
into it. 32
33
Dan Mueller of 8343 Groveland Road addressed Council to ask that the City do something about 34
the speeding on Groveland Road before someone gets hurt. He then said that the speed trailer 35
does not work because they just drive by faster to see their speed on it. 36
37
Mr. Mueller invited the Mayor and anyone else interested to come to his house at rush hour in the 38
evening to watch the traffic and said he would provide refreshments. 39
40
Mr. Mueller indicated there are only two speed limit signs on that road and he feels that more 41
speed limit signs may help. He then said there is a nice park in the area and he is afraid that 42
someone will get hurt. 43
44
Mounds View City Council March 8, 2004
Regular Meeting Page 2
Mayor Linke indicated that research has shown that stop lights create more issues than they 1
resolve and then suggested putting the speed trailer in that location one day and the police squads 2
the next. He then asked Mr. Mueller if the police could park in his driveway. 3
4
Mr. Mueller said that the City could use his driveway and bring as many officers as possible. 5
6
Mr. Mueller clarified that he feels the police department is doing its job and that they are very 7
responsive to the needs of the City but he is concerned about this traffic issue. He then suggested 8
that the City concentrate its enforcement within the neighborhoods rather than out on Highway 9
10. 10
11
Council Member Marty indicated that he used to see Mr. Mueller some years ago at Council 12
meetings speaking about this issue. He then said that he came up Groveland on the way to the 13
meeting and the police had someone stopped on the north side. 14
15
Mr. Mueller suggested two solid lines of yellow paint might help. 16
17
Council Member Marty asked the Chief for a report on the stop tonight on Groveland. 18
19
6. SPECIAL ORDER OF BUSINESS 20
21
A. Resolution 6202, a Resolution of Appreciation to Dana Mandoza for Service 22
on the Parks and Recreation Commission 23
24
Mayor Linke read the Resolution of Appreciation. 25
26
Council Member Marty indicated Mr. Mandoza is ill or would have been at the Council Meeting. 27
28
MOTION/SECOND: Marty/Gunn. To Approve Resolution 6202, a Resolution of Appreciation 29
to Dana Mandoza for Service on the Parks and Recreation Commission. 30
31
Ayes – 5 Nays – 0 Motion carried. 32
33
7. JUST AND CORRECT CLAIMS 34
35
A. Just and Correct Claims 36
37
Council Member Stigney requested information on the garage door repair on Page 7. 38
39
Public Works Director Lee indicated it was the door at the public works building. 40
41
Council Member Stigney indicated that Council has paid to fix that door a number of times since 42
he has been on the Council and it bothers him to pay almost $1,000 again to fix it. 43
44
Council Member Stigney asked for clarification on the $3,000 subscription to Labor Relations. 45
Mounds View City Council March 8, 2004
Regular Meeting Page 3
1
City Administrator Ulrich indicated that the City is part of a multi-City group that subscribes to 2
the service that helps with human resource issues, hiring and labor negotiations. 3
4
Council Member Stigney asked for information on the services they provide to the City. 5
6
Council Member Stigney asked what the card scanner was for. 7
8
Finance Director Hansen explained that it is a piece of equipment attached to the cash register 9
system out at the golf course for scanning information into the cash register. 10
11
Council Member Stigney asked for further information on the roof repair of $626.00. 12
13
Finance Director Hansen indicated that two weeks ago there was a leak in the Community Center 14
roof over the area where the Chamber of Commerce is. 15
16
Council Member Quick asked if the roof is under warranty. 17
18
City Administrator Ulrich indicated that Staff is looking into it. 19
20
MOTION/SECOND: Marty/Stigney. To Approve Just and Correct Claims as Presented. 21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
8. CONSENT AGENDA 25
26
A. Licenses for Approval 27
B. Approval to Amend Resolution 6173 for the Purchase of Four Automatic 28
External Defibrillators (AED’s) 29
30
MOTION/SECOND: Quick/Marty. To Approve the Consent Agenda as Presented. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
9. COUNCIL BUSINESS 35
36
A. Silver Lake Woods Condominiums – Dedication of Private Streets 37
38
Public Works Director Lee indicated the issue of dedicating the streets within Silver Lake Woods 39
Condominiums has been discussed for several years and the last time was on May 6, 2002 at a 40
work session. At that time, Staff presented a proposed private street maintenance policy that 41
dictates how streets are to be dedicated to the City. Council agreed with the policy but did not 42
adopt it and with the 2003 street improvement project being ordered there is the opportunity to 43
upgrade the streets within Silver Lake Woods so that they can then be transferred to the City. 44
45
Mounds View City Council March 8, 2004
Regular Meeting Page 4
Public Works Director Lee indicated that the Homeowner’s Association has asked the City to use 1
the policy of assessing at 50% as residents on public streets are. 2
3
Council Member Marty indicated he would like all of the streets brought up to City standards as 4
the policy indicates and then have the City accept the streets. 5
6
Mayor Linke agreed and commented that the developer had the option at the time of construction 7
to build them to City standards and that was not done. He then said he understands the position 8
of stating that they pay taxes too but the costs of the buildings would have been more if the 9
streets would have been built to the City’s standard at the time. 10
11
Council Member Gunn asked what was being done about the storm sewer. 12
13
Public Works Director Lee indicated that the storm sewer is included with the street upgrade. 14
15
Mike Berke of 2683 Lakecourt Circle indicated that when the streets were built they were built to 16
City specifications with the agreement of the City at the time and five years ago, prior to this 17
administration, it was agreed the streets were to be dedicated and the streets were inspected and 18
the storm sewer reviewed at that time. He then said that the streets have deteriorated over the last 19
two years but they have been willing to dedicate them for years but Council has taken a long time 20
to get the ball rolling on this. 21
22
Mayor Linke explained that the dollar amount is the same whether it is 100% through the 23
association or 50% through the City. 24
25
Mr. Berke indicated they are asking that they be treated like other citizens that pay taxes. He 26
then said that other residents are getting a lot more work for the money. 27
28
Public Works Director Lee indicated it is the exact same work but the difference is that the 29
density is higher. 30
31
Mr. Berke indicated that they want to be treated like other citizens and pay the 50% contribution. 32
He then explained that they would have to go through a vote of the residents to pay 100% and 33
that takes almost four months and then it would be beyond when the City wants to do the streets. 34
35
Council Member Marty agreed that this has been an ongoing issue but clarified that the City has 36
not done any street refurbishing during that time. 37
38
Mr. Berke indicated he had been before Council for the dedication of streets not for paving. 39
40
Council Member Marty indicated that the streets have to be brought up to City standards before 41
they can be dedicated. 42
43
Mr. Berke indicated the only thing they asked for were the catch basins and nothing was said 44
about the road condition at the time. 45
Mounds View City Council March 8, 2004
Regular Meeting Page 5
1
Council Member Marty indicated he had looked at the streets and he would not say that they 2
were adequate or in good condition at that time. 3
4
Mr. Berke indicated that nobody said anything in the meetings to them about the condition of the 5
streets. 6
7
Cliff ________ said he has been there for a little over 16 years and way back when the developer 8
had an agreement that the City was going to take the streets but that did not happen. He then said 9
he was before the City 8 or 9 years ago to have the streets taken over but it did not happen. He 10
further commented that the streets are built to City standard but the developer told him that he 11
hired the City’s contractor and he paid the bill. He also commented that the streets are more up 12
to date other than condition than any other streets in the City. 13
14
Cliff ______ said that he is not sure the City has the easements for the storm sewer through the 15
property. He then commented that they may have to consider sending a bill to the City for 16 16
years of use of the storm sewer. 17
18
Public Works Director Lee indicated that all of the easements are in place and that has been 19
verified. 20
21
Council Member Stigney said he feels that the policy should be followed. 22
23
Council Member Marty agreed. 24
25
Council Member Quick agreed. 26
27
Council Member Gunn agreed that the streets need to be brought up to standard before the City 28
takes them over. 29
30
Linda Buckhart of 2658 Lakecourt Drive said it sounds to her that people have come to this 31
board many times and the City keeps changing the story and asking for more and more and it 32
seems that the inaction of Council has caused this issue. She then said that there are a lot of 33
people on fixed incomes that cannot afford this especially since the way they are taxed has 34
changed. 35
36
Mayor Linke indicated that they could only deal with what is now and could not fix issues from 37
previous Council. He then said that he wishes his income were fixed as he is unemployed right 38
now and a person can plan if they know what their income will be and know that it is consistent. 39
He further commented that the legislature sets the way people are taxed not the City. 40
41
Ms. Buckhart indicated she would like fair treatment like other residents. 42
43
Mayor Linke clarified that Council consent is to assess at 100%. 44
45
Mounds View City Council March 8, 2004
Regular Meeting Page 6
Mayor Linke asked what kind of street lights are in the development. 1
2
Public Works Director Lee indicated they are privately owned but similar to the City’s. He then 3
said that one has rusted and fallen over and explained that the City itself is getting rid of City-4
owned lights and the question is whether the City wants to take on more lights only to have to 5
exchange them with Xcel or if the City requires that the Association pay to switch them over to 6
Xcel before the City accepts them. 7
8
Council Member Marty indicated he would like to follow the policy on the lights as well. 9
10
Public Works Director Lee recommended that the Homeowners’ Association contract with Xcel. 11
12
Council Member Gunn said she feels that the City should pay for the lights because the City is 13
not doing all of its lights at the same time and it may be possible to add them to the plan for 14
replacement rather than forcing them to pay. 15
16
Mayor Linke suggested a 50/50 split on the lights. 17
18
Council Member Quick said the rules have been that they have to bring them up to the working 19
standard and he feels they need to pay to bring them up to standard and replace the one that is 20
broken. 21
22
Council Member Stigney said they are private lights and they should be brought up to date before 23
the City assumes responsibility for them. 24
25
Council Member Gunn indicated she would go 50/50. 26
27
Mayor Linke indicated that Council consensus was to go 50/50 on the lights. 28
29
Cliff Hash of 2664 Lakecourt Drive asked whether the City agrees to take over the street as 30
public if they make the upgrades. 31
32
Mayor Linke indicated that it would become a public street. 33
34
Public Works Director Lee indicated that a contract would be needed with the Homeowners’ 35
Association one month from this meeting. 36
37
Council Member Quick cautioned that there has been no vote so it could not be said for sure. 38
39
Mr. Hash indicated they need an agreement with the City to go to their membership for the vote. 40
41
Mayor Linke indicated the entity that the City would be dealing with is the Association board 42
rather than homeowners individually. 43
44
Mounds View City Council March 8, 2004
Regular Meeting Page 7
Mr. Berke indicated the Board would give approval through the Association but when 1
assessments are done they need to be assessed individually. 2
3
Public Works Director Lee indicated the City Attorney has contrary opinions and he says Outlot 4
A is owned by the Homeowners’ Association and the City can assign the assessment to them and 5
they can decide how to divvy it up and that is his recommendation. 6
7
Mr. Berke indicated that unless the assessment is assigned to the individual PIN number for the 8
property there is no way to keep track of who paid or who did not and that could hold up the sale 9
of individual units. 10
11
Council agreed that the City Attorney would work out the specifics with the Association. 12
13
Public Works Director Lee indicated that he would get the City Attorney and the Attorney for the 14
Association working on this because the contract needs to be in place one month from this 15
meeting. 16
17
Mr. Hash indicated the City Attorney has never been responsive to them at all. 18
19
Council recommended that the Association contact Mr. Ulrich. 20
21
B. 2003 Street Improvement Project – Design Issues to Resolve 22
23
Public Works Director Lee indicated that Staff would bring forward plans and specifications on 24
March 22, 2004 and has been working with the consultant on them. He then said that it is going 25
to be fairly expensive to address some of the issues raised by Rice Creek Watershed District 26
including some storm scepters being added as a part of the project that are not treating water 27
from this project. 28
29
Public Works Director Lee indicated that rain gardens were proposed but it does not look like it 30
will work as proposed so Staff will work with Rice Creek on that. 31
32
Council Member Quick asked where the water was coming from. 33
34
Public Works Director Lee indicated it is coming from Spring Lake Road and that is not part of 35
the project but they are looking at it from a regional area and adding it to this project. 36
37
Mayor Linke commented that Rice Creek had the opportunity to do what was needed when 38
Spring Lake Road was redone. 39
40
Council Member Quick commented that they were against storm scepters and the alternative was 41
rain gardens and there were none done. 42
43
Mounds View City Council March 8, 2004
Regular Meeting Page 8
Mayor Linke indicated he would like Staff to work with Rice Creek and tell them that the City 1
does not feel it is fair to require them to expend funds to treat water that is not part of this 2
project. 3
4
Council Member Stigney asked if Rice Creek would be providing any funding for the suggested 5
water treatment in the plans. 6
7
Public Works Director Lee indicated the costs are approximately $110,000 and Rice Creek has 8
not offered to assist with the costs. 9
10
Council Member Stigney asked Staff to ask Rice Creek for a contribution. 11
12
Public Works Director Lee indicated he could discuss it with them but does not think they would 13
be willing to offer any funding assistance. He then said that he is working with the DNR to see if 14
there is any DNR funding available because it discharges to a DNR protected water body. 15
16
Public Works Director Lee indicated that a small section of Spring Lake Road would need to be 17
dug up to install the storm scepter and that will increase the costs. 18
19
Mayor Linke asked Staff to tell Rice Creek that he would like to see some cost benefit analysis 20
done on this because he is not sure that treating a small amount of water is worth the costs. 21
22
Council Member Gunn asked where the rain gardens were to be located. 23
24
Public Works Director Lee indicated they were scattered in side yards and front yards throughout 25
the project west of Silver Lake Road. He then said that most of them will not work due to 26
utilities and other obstacles such as a hill that they want to remove to put in a rain garden. 27
28
Mayor Linke indicated that he finds it unacceptable to dump water around someone’s home that 29
will increase the water table and cause water issues. 30
31
Council Member Quick indicated there was discussion of a sediment pond next to the lake shore. 32
He then suggested that Rice Creek could condemn the house in that location and put in their own 33
pond. 34
35
Council Member Stigney commented that there was a question of the effectiveness of storm 36
scepters at one point. 37
38
Public Works Director Lee indicated they are effective and have been in use for a number of 39
years but they are more maintenance for the City because they have to be periodically cleaned 40
out. 41
42
Council Member Stigney indicated he would like information on the cost of maintaining them as 43
well as whether Rice Creek intends to participate in funding them and their ongoing 44
maintenance. 45
Mounds View City Council March 8, 2004
Regular Meeting Page 9
1
Council Member Gunn asked if the water is being handled efficiently now. 2
3
Public Works Director Lee indicated it is not but it is part of the City’s local water management 4
plan to have the water flow down through the storm sewer and the plan calls for a large pond in 5
the area to treat the water. 6
7
Public Works Director Lee indicated that the City’s Comprehensive Plan calls for sidewalks on 8
Groveland Road and Staff recommends that with any of these street reconstructions the sidewalk 9
be constructed at the time the street is upgraded. He then said that Staff recommends that the 10
sidewalk be placed directly behind the curb to limit the impact to the residents whose homes are 11
on the sidewalk. 12
13
Mayor Linke indicated the costs for the sidewalk were included in the proposed assessment 14
figures. 15
16
Council Member Stigney indicated that there were residents that spoke on the question of 17
whether there is a benefit of having the sidewalk at all and the residents have said they do not 18
want it so he votes no. 19
20
Tammy Abelseth addressed the Council and provided a petition with signatures from the 21
residents on Groveland Road that do not want the sidewalk. 22
23
Council Member Marty indicated he drove up to check it out and he would like to have this put 24
in as an alternate bid which means that the City can act on it but does not have to. He then said 25
that he is in favor of getting sidewalks and trailways wherever it is prudent and this stretch of 26
pathway or sidewalk has been planned for years. 27
28
Council Member Quick indicated he would like the sidewalk. 29
30
Council Member Gunn indicated that she would like the sidewalk. 31
32
Mayor Linke indicated he is in favor of the park and trailway system and he is in favor of the 33
sidewalk in this location. 34
35
Bob Edmond of 7835 Groveland Road indicated the sidewalk looks good on paper and he would 36
like to see a sidewalk but this sidewalk leads to a crossing at Highway 10. He then reminded 37
Council that there was a child killed at a controlled intersection on Highway 10 a few years ago 38
and he would recommend that Council carefully consider a way to control Highway 10 before 39
bringing people there on a sidewalk. 40
41
Council Member Stigney commented that he heard nothing about costs from residents it was that 42
they live there and do not want it and he does not feel the City should force a sidewalk on them. 43
44
Mounds View City Council March 8, 2004
Regular Meeting Page 10
Council Member Marty indicated that the City is in the process of redesigning County Highway 1
10 and safety is a major concern with that redesign. He then said the preliminary plans are to 2
have trailways on the north and south bound sides of County Highway 10 to channel people up to 3
the trailway and down to a controlled intersection that has been redesigned for safety. 4
5
Mr. Edmond commented that they could be designed however you want to but he sees the kids 6
crossing at Jakes in the middle of the street where there is no crosswalk. He then said that he has 7
no answer for the problem but he would recommend that the sidewalk not bring them to County 8
Highway 10. 9
10
Council Member Quick indicated that people will cross if they want to regardless of whether 11
there is a sidewalk. He then said that every time the City puts in a sidewalk there are those that 12
do not want it but this is something for the good of the City overall and sidewalks get people out 13
of the street for walking and he sees no negative to providing a safe place for residents to walk. 14
15
Mr. Edmond said that he is not trying to discredit the police force but if there is someway of 16
controlling the drivers on Highway 10 that would be helpful. 17
18
Mayor Linke agreed but said the person crossing the street has a responsibility to do so safely. 19
20
Council Member Marty indicated that a sidewalk or trailway gives residents an opportunity to 21
walk and not be in the street and that is safer. 22
23
Council Member Gunn commented that for a short time after Brandon was killed the schools 24
worked hard on educating the kids on where and how to cross but as time goes on they focus less 25
on it and she sees the kids again crossing with the quickest route. 26
27
Heidi Neumann of 7770 Groveland Road asked when the trailway is planned to go along 28
Highway 10. 29
30
Mayor Linke indicated it started at one end and the rest is coming as a part of the reconstruction. 31
32
Ms. Neumann asked when it would be in front of Groveland Road. 33
34
Public Works Director Lee indicated that discussion of implementation of the sidewalk is set for 35
discussion at the April 5, 2004 meeting. 36
37
Mayor Linke indicated there is not a date set but it is on the agenda. 38
39
Ms. Neumann indicated she has an issue with directing pedestrian traffic to an uncontrolled busy 40
highway with no crossing. She also asked what she is supposed to do with 6.5 feet of sidewalk in 41
front of their home. 42
43
Mayor Linke indicated the City pays for maintenance. 44
45
Mounds View City Council March 8, 2004
Regular Meeting Page 11
Laura Schommer of 3032 Bronson Drive asked if the City could prove that people would use the 1
sidewalk and who those people would be and whether it justifies what the neighbors lose. 2
3
Mayor Linke said he has lived in Mounds View for 54 years and he feels that when sidewalks 4
have been put in people use them. 5
6
Ms. Schommer asked if a study was done to prove the numbers. 7
8
Mayor Linke said there has been no study but there is a resident’s group that worked on the 9
sidewalk plan. 10
11
Ms. Schommer expressed concern that kids from blocks around would gather to use the sidewalk 12
in front of her house. 13
14
Mayor Linke indicated that part of the plan is to add sidewalks so that the kids do not have to 15
gather for blocks before they get to a sidewalk. 16
17
Council Member Quick indicated that he and his wife use the sidewalks a lot for walking and he 18
sees a lot of people his age using them. 19
20
Council Member Marty commented that the road safety and how to cross needs to be brought 21
back to the forefront at the schools. He then said that as soon as the City paved the trailway 22
around Silver View Pond the use greatly increased and residents really use that trail. He further 23
commented that the trail was met with resistance in the beginning but now residents are really 24
using and enjoying the trail. 25
26
Ms. Abelseth indicated they had provided a petition from the neighborhood that they do not want 27
the sidewalk. She then said that cost is the biggest issue for them because a lot of them are first 28
time homeowners and just cannot afford it. She further commented that none of the Council 29
Members have to pay for the sidewalk and they cannot afford this. 30
31
Ms. Neumann asked whether bikes are allowed on City sidewalks and how many trees will be 32
lost for the sidewalk. 33
34
Mayor Linke indicated there is no ordinance that says bikes are not allowed. He then said that 35
the sidewalk would be in the City right-of-way. He further commented, after reviewing the plan, 36
that he does not see any trees within the seven foot range to the street that would need to be 37
removed. 38
39
Tom Bitz of 7729 Groveland Road asked what happens with the trees if they have to move the 40
mailboxes. He then said that any trees located at the 10 feet from the street mark would need to 41
be removed. 42
43
Mayor Linke indicated there were a few trees at the 10 foot mark but none more than three inches 44
in diameter. 45
Mounds View City Council March 8, 2004
Regular Meeting Page 12
1
Mr. Bitz asked whether citizens voted on this trail at one time. 2
3
Mayor Linke indicated the City had a trailway committee of residents that reviewed the plan for 4
sidewalks within the City. 5
6
Mr. Bitz asked the City to go to the people that live there now because now there is a petition on 7
Groveland Road that the residents do not want a sidewalk. 8
9
Mayor Linke indicated that sidewalks are for the betterment of the entire community. He then 10
said that the trailway plan was reviewed recently. 11
12
Public Works Director Lee indicated that the trailway plan was reviewed in 2000. 13
14
Doris Hammond of 3034 Ardmore Avenue indicated she is the stepmother of Brandon that was 15
killed four years ago. She then said that the laws as to who has the right of way are different 16
between controlled and non-controlled intersections. She further commented that it is one thing 17
to come up to a pedestrian crossing at 20 m.p.h. or 30 m.p.h. but it is entirely different for 18
someone at 50 mph to see the pedestrian and get the car stopped. 19
20
Ms. Hammond said that this is not the average crosswalk where someone can actually safely get 21
across the highway. 22
23
Chuck Mocker of 7723 Groveland Road asked why the push for the sidewalk here when there are 24
not any other streets in the area with sidewalks but there are sidewalks on the busy streets. 25
26
Mayor Linke provided a map of the sidewalks within the City. 27
28
Mr. Mocker asked whether the sidewalk would continue down Groveland after crossing Highway 29
10. 30
31
Mayor Linke indicated it would go all the way down Groveland in the future. 32
33
Catherine Bleck of 7920 Groveland Road asked whether the $2,499.57 included the street and 34
the sidewalk. 35
36
Mayor Linke indicated the estimated amount is $2,800 due to increased costs with Rice Creek 37
Watershed District but that does include the sidewalk. 38
39
Harvey Ford of 7780 Groveland Road asked who assumes the assessments off the property that is 40
owned by the City. 41
42
Public Works Director Lee indicated that the City would pay its assessment for that parcel. 43
44
Mounds View City Council March 8, 2004
Regular Meeting Page 13
Mr. Ford asked what the setback for the sidewalk is because it looks close to the road when it 1
gets past Groveland. He then asked when the next meeting on this item would be. 2
3
Public Works Director Lee indicated that the assessment hearing and contract award would be 4
held on May 24, 2004. 5
6
Council discussed the cul-de-sac on Oakwood and agreed that if the property owners wished to 7
pay for the $96,000 that would be fine but the City will not contribute. 8
9
Public Works Director Lee indicated he would be meeting with the property owner within the 10
next week or so to see if they are interested in developing. 11
12
Public Works Director Lee indicated the City has the opportunity to include the parking lot and 13
realize a cost reduction by including it in the amount of $23,000. He then asked Council to 14
consider the two proposed options for paving and striping the parking lot and noted the Park and 15
Recreation Committee recommends the option with more parking spaces. 16
17
Public Works Director Lee indicated that the cost of the reconstruction of the Lions Park parking 18
lot would be split between Mounds View and Spring Lake Park. 19
20
Council Member Gunn indicated that when she drives by the park the parking lot is not full. 21
22
Public Works Director Lee indicated that this is before the Spring Lake Park Council next week. 23
24
Council Member Quick indicated he would like to hold off on the parking lot decision and see 25
what Spring Lake Park does and see if the Lions have an interest in providing funds. 26
27
Mayor Linke indicated the Spring Lake Park Lions do not have funds available due to the 28
dramatic changes in charitable gambling in the last few years. 29
30
Council Member Stigney said he prefers Option A because he does not think the five additional 31
stalls is worth the additional dollars. 32
33
Council Member Gunn asked why the parking is encroaching on trees and the park. 34
35
Public Works Director Lee indicated there will be other improvements occurring in this park in 36
2004 such as the gazebo and fishing pier and it is anticipated that the use will increase with the 37
improvements to the park. 38
39
The consent of Council is option one. 40
41
Council Member Quick asked whether the City will have to put in a pond for the park. 42
43
Mounds View City Council March 8, 2004
Regular Meeting Page 14
Public Works Director Lee indicated that with Option 1 the parking area or impervious area is 1
19% smaller than what it is today so Staff feels that is a good enough concession that impervious 2
surface is not being added. 3
4
C. 2003 Street Improvement Project – Setting a Start Date for Phase II 5
6
Council agreed to change the name of the project. 7
8
D. First Reading and Introduction of Ordinance 731 – Amending Chapter 1005 9
of the City Code and Adopting the International Maintenance Code with 10
Amendments 11
12
Jeremiah Anderson presented the ordinance amendment indicating that Staff reviewed 13
amendments to the International Property Maintenance Code and made other recommended 14
changes to delete the current maintenance provisions and adopt the International Maintenance 15
Code as well as add a section on multiple housing licensing. He then said that this amendment 16
would make the Code easier to administer. 17
18
Council Member Gunn asked what happens to the licensee if the license is taken away and what 19
happens to the tenants if the license is taken away. 20
21
Mr. Anderson indicated that there is language in place currently that any units that become 22
vacant would not be re-let so the City is not looking at forcing anyone out. 23
24
Council Member Marty suggested some changes to the Ordinance and indicated that he would 25
discuss those with Mr. Anderson and have them added to the document for second reading and 26
Council consideration. 27
28
Mayor Linke asked Council Member Marty to provide changes to Staff and Council for review 29
for the second reading. 30
31
Council Member Marty indicated he had talked to Chief Sommer about the background checks 32
and he talked to Mr. Anderson and wanted to see if this is doable and both the Chief and Staff 33
feel it is doable and it would behoove the property owners and the City. 34
35
MOTION/SECOND: Marty/Stigney. To Waive the Reading, Introduce the First Reading and 36
Approve Ordinance 731, an Ordinance Amending Chapter 1005 of the City Code and Adopting 37
the International Property Maintenance Code with Amendments. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
Mounds View City Council March 8, 2004
Regular Meeting Page 15
E. Resolution 6205 Hiring Police Officer Ben Zender 1
2
Chief Sommer addressed Council and asked for consideration of the hiring of Police Officer Ben 3
Zender. He then explained the process was followed and said that Mr. Zender is one of the top 4
three candidates and all of the required pre-employment investigations have been completed. 5
6
MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6205, a 7
Resolution Hiring Police Officer Ben Zender. 8
9
Council Member Quick pointed out that the Police Civil Service Commission is required by its 10
own rules to provide a list of three candidates to Council for consideration and that has not been 11
done. He then said that there has been a lot of past disagreement about this procedure and he 12
would like the Commission to follow the established procedure in the future. 13
14
Chief Sommer indicated he would be fine with abiding by that but does not have the psychiatric 15
or other background investigations done on the other candidates and, in order to be available, 16
they would need to have those things completed. He then asked if Council wants those things 17
completed before candidates are presented for consideration. 18
19
Council Member Quick suggested rewriting the rules if they do not work but said, as written, the 20
rules were not followed with this process. 21
22
Council Member Marty asked whether there is still another officer out. 23
24
Chief Sommer indicated the City has not replaced the opening created by Sergeant Krogh retiring 25
and has two officers out with injuries. He then said there are still two more officers to hire. 26
27
City Administrator Ulrich indicated he did not understand the issue fully as Council has three 28
candidates certified that the Commission wishes to hire. He then asked if the Commission needs 29
to have three candidates for each position. 30
31
Council Member Quick indicated he would go over the guidelines with Staff. 32
33
Council Member Stigney agreed that the process should be looked into so that it is smooth and so 34
that the City gets the top candidates. 35
36
Ayes – 5 Nays – 0 Motion carried. 37
38
10. APPROVAL OF MINUTES 39
40
A. City Council Minutes February 23, 2004 41
42
On Page 9, Line 16, insert a comma after the word set. 43
44
Mounds View City Council March 8, 2004
Regular Meeting Page 16
MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes for February 23, 1
2004 as Amended. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
11. REPORTS 6
7
A. Reports of Mayor and Council. 8
9
Council Member Marty asked Staff to look into whether the appropriate amount of charitable 10
gambling funds were returned to the City from the organization mentioned at the last meeting. 11
12
Council Member Marty asked Staff to keep on top of the stoplight at Silver Lake Road and 13
County Road H. 14
15
MOTION/SECOND: Quick/Marty. To Direct Staff to Investigate the Possibility of Installing a 16
Semaphore at Silver Lake Road and County Road H and to Direct Staff to ask the County for a 17
Signal Justification Report. 18
19
Ayes – 5 Nays – 0 Motion carried. 20
21
Council Member Marty asked for an update on a possible pathway along Silver Lake Road up to 22
County Road H. 23
24
Public Works Director Lee indicated that a late summer project gives time for adding a sidewalk 25
and the ideal situation would be to do the pathway and overlay after all the truck hauling is done. 26
He then said that at the next meeting Staff would be presenting the feasibility study for that 27
project. 28
29
Council Member Gunn commented that with all of her travels with drum line she sees towns 30
with signs that state vehicle noise laws enforced. She then asked if the City could look into those 31
types of signs at the edge of the City. 32
33
Public Works Director Lee indicated that it is the policy of the City that the Police Chief 34
determines where those signs are located. He then said that he would work with the Police Chief 35
on the matter. 36
37
Mayor Linke expressed congratulations and a thank you for a job well done to Officer Meyer and 38
Officer Leich for receiving an award for life saving efforts on an employee at the Mermaid. 39
40
Mayor Linke indicated that the City has received notification of a level III sex offender moving 41
to the community and there will be a community notification meeting on March 15, 2004 at 6:30 42
p.m. at the Community Center. 43
44
Mounds View City Council March 8, 2004
Regular Meeting Page 17
Mayor Linke indicated that there have been parking issues at the Wynnsong due to the movie 1
Passion of the Christ. Community Development has sent a letter to them informing them that 2
they must clear the snow from all of the parking stalls to make sure that all the parking is 3
available. 4
5
Mayor Linke indicated that he received notice from Comcast that Mr. Pohlad wants to charge an 6
additional $2.00 to receive Twins games and a few gopher events on a cable channel. He ten said 7
that he was able to watch the Twins for free on Fox Sports Net for free and has no intention of 8
paying an additional $2.00. 9
10
Mayor Linke asked Staff to add the Charter Commission Resolution to the next agenda. 11
12
Council Member Marty indicated that the Home and Garden show went well and he thanked 13
Staff for their efforts. 14
15
Community Development Director Ericson said he gives the credit to Jeremiah Anderson who 16
put it together and worked with other communities. He then said that there was a good mix of 17
vendors and the event was well attended. 18
19
Council recessed at 9:25 p.m. 20
Council reconvened at 9:33 p.m. 21
22
B. Staff 23
(1) Fire Chief Presentation – Long Range Capital Plan 24
25
Fire Chief Zikmund indicated his presentation focuses on the replacement of equipment and 26
station needs. He then reviewed the equipment the department has. 27
28
Chief Zikmund reviewed the future equipment needs of the department. 29
30
Chief Zikmund indicated command is the weakest area and the decisions make or break that 31
incident so they need to upgrade the command office and need more resources for the decision 32
making. He then said that a joint vehicle is proposed for police and fire. 33
34
Chief Zikmund indicated the latest round of weapons of mass destruction federal funds has this 35
on the approved list for law enforcement and the City of Blaine has written a grant for funds on 36
behalf of southern Anoka County and northwest Ramsey County. 37
38
Chief Zikmund indicated the department needs to upgrade its water rescue equipment and 39
explained that if they are unable to get there within two or three minutes it becomes a recovery 40
and they already have recovery resources. 41
42
Chief Zikmund indicated they need to replace the mini-pumper at an approximate cost of 43
$200,000. He then said that a mini-pumper can service all calls other than working structure 44
fires. 45
Mounds View City Council March 8, 2004
Regular Meeting Page 18
1
Chief Zikmund reviewed the station location map. 2
3
Chief Zikmund indicated he is proposing to combine Stations 3 and 5 because they are 4
landlocked at both stations and he feels it has always been inefficient to have them that close 5
together and it is time to consolidate in light of the upgrade to 65 and the closing of the access off 6
of Paul Parkway. 7
8
Chief Zikmund indicated the call volume at Station 2 justifies placing the rescue fire pumper 9
because 98% of calls are crash rescues, car fires, wild land fires, and mobile homes. That rig 10
could service all calls and start on working structure fires and that station has the best access into 11
the biggest area of the fire district. 12
13
Chief Zikmund indicated he would like to secure three to five acres in northern Blaine for future 14
needs due to the housing expansion in the area. He then said that the City of Blaine has indicated 15
a willingness to acquire and hold the property until it is needed. 16
17
Chief Zikmund indicated that Allina may be interested in using more of Station 2 and that would 18
defray the costs of that station. 19
20
Mayor Linke asked if any space for the department was added at the Blaine City Hall. 21
22
Chief Zikmund indicated that in one of the two heated police garages they have the mini-pumper 23
and there are seven employees on the fire department and they respond in that mini-pumper and 24
they are becoming 85 percent of the day crew north of 85th with the mini-pumper. He then 25
explained that when there is a structure fire two are assigned to Station 3 or 4 and they go get the 26
full blown engine and additional water and hose. There would also be two other stations 27
responding on a working structure fire. 28
29
Mayor Linke suggested moving Station 2 to near the new City Hall to cover that area. 30
31
Chief Zikmund said he was not sure that the Council would close that station but he has always 32
believed he could operate this fire district with three stations. He then said there is not a real 33
good buyer for the property but he envisions that they do not recruit for that station over time so 34
he will be reducing the role of that station but, politically, it cannot be closed at this time. 35
36
Chief Zikmund showed a picture of the hazmat response vehicle and indicated that it goes out 16 37
to 20 times per year on calls such as meth labs. 38
39
Chief Zikmund indicated they need more space for training rooms as well as an incident 40
command room and then said that if they were able to construct an incident command stimulator 41
there would be income potential through rentals to other departments. 42
43
Chief Zikmund reviewed the long term savings of reducing stations. Chief Zikmund then 44
reviewed the costs if the City replaced existing equipment and did not reduce stations. 45
Mounds View City Council March 8, 2004
Regular Meeting Page 19
1
Chief Zikmund reviewed the replacement schedule with Council. 2
3
Chief Zikmund provided an overview of the benefit of the relationship among the residents of the 4
three cities indicating that Blaine pays 72% of the costs and Mounds View pays 16%. 5
6
Chief Zikmund indicated the presentation has been presented to all cities and the next step is to 7
meet with the finance directors and then with the three councils and the fireboard at a joint 8
meeting. 9
10
Council Member Marty said that he was pleased to see the equipment purchases spread out over 11
a longer period of time with this presentation. 12
13
Mayor Linke thanked the Chief for the presentation. 14
15
(2) Finance Director – Long Range Financial Plan 16
17
Finance Director Hansen indicated that Council first looked at capital improvement during the 18
summer of 2002 and it has been presented two or three other times since then. In 2002 when it 19
was looked at it appeared there was about five years of adequate resources for the project but it 20
has come to light that the plan runs out of funds in 2006. If the City changes the interfund loan 21
to a community fund and pays it back from the golf course the fund would make it to 2007. 22
23
Finance Director Hansen indicated that the general fund has a surplus from 2002 that needs to be 24
moved out because the state is criticizing them for having the money and, in two weeks, he will 25
come to Council with Resolutions for transfers. He then said that there is $700,000 that could be 26
transferred to the special projects fund to get through 2008 with the plan. 27
28
Finance Director Hansen indicated that Council needs to take a more proactive role in the capital 29
improvement projects and that is difficult to do because there are a lot of different choices. He 30
then said that it will be necessary for Council to prioritize the projects. 31
32
Mayor Linke suggested setting a work session for March 29, 2004 to discuss the capital 33
improvement plan and asked that all the department heads be at the meeting to defend the 34
projects they feel need to be done. 35
36
Council agreed to set a work session for March 29, 2004 at 5:00 p.m. 37
38
Mayor Linke commented that the top three items have to do with the City Hall and Council has 39
already directed Staff to look at repairs to the existing building only. 40
41
Finance Director Hansen explained that the $627,000 was for things like fixing the roof, fixing 42
the mold and code violations for things that the City would tag any other building owner in the 43
City for if they allowed these types of conditions to exist. 44
45
Mounds View City Council March 8, 2004
Regular Meeting Page 20
City Administrator Ulrich asked whether Council wanted SEH at the meeting. 1
2
Mayor Linke indicated he would like the meeting to be just Staff and Council. 3
4
Council Member Stigney asked if the graphs project the reduction in local government aid. 5
6
Finance Director Hansen indicated that LGA does not affect this budget. The tax that appears on 7
the page is ½ of the franchise fee that the City has been putting into the street improvement fund. 8
9
Council Member Gunn commented that there was no revenue listed under Rice Creek for 2004 10
and storm water expenditures went way up for 2004. 11
12
Finance Director Hansen indicated that in 2003 there was a grant received for the H2 project and 13
in 2004 and beyond the City does not anticipate getting any money from Rice Creek. General 14
government building went to $1,000,000 if all the phases of City Hall are done. 15
16
Finance Director Hansen indicated that capital improvement plans contain all capital projects that 17
can be thought of and then the list is pared back from there. 18
19
(3) Surplus Equipment Policy 20
21
City Administrator Ulrich asked Council to provide comments to him on the surplus equipment 22
policy and he will incorporate them into the next report. 23
24
Council Member Marty asked Staff to contact New Brighton to see if they would work with the 25
City on the stoplight possibility on County Road H and Silver Lake Road because the City may 26
get a better response with two communities working on it. 27
28
(4) Community Survey Update 29
30
This was moved to the next meeting agenda due to time. 31
32
C. City Attorney 33
34
No attorney report was given. 35
36
12. Next Council Work Session: Monday, April 5, 2004 37
Next Council Meeting: Monday, March 22, 2004 38
Mounds View City Council March 8, 2004
Regular Meeting Page 21
1
13. ADJOURNMENT 2
3
Mayor Linke adjourned the meeting at 10:20 p.m. 4
5
Transcribed and recorded by: 6
7
8
Joan Lenzmeier 9
Timesaver Off Site Secretarial, Inc. 10